Atlanta, GA asked in Traffic Tickets for Georgia

Q: Is my wife at fault?

My wife got T bones by a car not paying attention, she was driving through the light and a truck cut her off at the intersection causing her to be stuck so when the in coming traffic came the driver was not paying attention and hit her

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1 Lawyer Answer

A: A Georgia attorney could advise best, but your question remains open for over two weeks. This may be more of a "Car Accident" question than a traffic ticket question. At any rate, she is not liable if she had no reason to anticipate the truck's maneuver. She also has the strong argument that the other distracted driver has a duty to maintain a lookout. Those are textbook arguments. From a PRACTICAL standpoint, she could be named in an accident-related claim - simply because the plaintiff will name all possible defendants. Consult with a local attorney, since the analysis of this type of setting is not universal throughout the nation - each jurisdiction has its own comparative negligence doctrines it applies, according to thresholds for bringing legal actions based on percentage of fault. I hope your wife and others involved are okay. Good luck

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